Child Abduction

In the UK, Child abduction is the unlawful taking or removal of a child under age 16 (18 in some cases) from the custody of a person with parental responsibility. It involves taking a child and keeping them away without the consent of their legal guardian or parent. Child abduction is a criminal offence under UK law.

Child abduction encompasses a range of actions, including taking a child out of the country without the consent of the person with parental responsibility, refusing to return a child after an agreed visit or custody arrangement, and keeping a child away from their legal guardian or parent against their wishes.

Two main categories of child abduction are recognised in the UK: “parental child abduction” and “stranger child abduction.” Parental child abduction occurs when one parent takes the child without the other parent’s consent, often in family disputes. Stranger child abduction involves someone, not a parent or guardian, unlawfully taking a child.

Child abduction is a criminal offence in the UK. Those guilty of child abduction can face serious legal consequences, including imprisonment. The exact penalties depend on the case’s circumstances, the abductor’s intent, and the harm caused to the child.

Various legal measures are in place to prevent child abduction, such as obtaining court orders like a Prohibited Steps Order. These orders can specify custody arrangements and prohibit specific actions, making it illegal for a parent or guardian to take the child without consent.

If you suspect a child has been abducted, you should contact the police immediately. The police work closely with organisations, such as the National Crime Agency (NCA) and INTERPOL, to locate and return children who have been abducted. Our child abduction solicitors can help you explore legal options.

International treaties such as the Hague Convention on the Civil Aspects of International Child Abduction provide a framework for the swift return of abducted children to their country of residence. The UK is a signatory to this convention.

A Child Abduction Warning Notice (CAWN) is a formal legal tool used in the UK to help prevent child abduction or unauthorised removal of a child from the country. The police issue it to raise awareness about the potential risk of child abduction to the child’s custodial parent or guardian. The notice is intended to provide information and advice about the potential risk and to encourage them to take necessary precautions.

Key points about Child Abduction Warning Notices include the following:

• The police typically issue a CAWN in cases where there is credible information suggesting that there might be a risk of a child being taken abroad without consent.
• The notice usually contains details about the potential risk, such as information about the individual believed to pose the risk, any prior incidents or concerns, and other relevant information. It’s meant to give the parent or guardian a clear understanding of the situation.
• Alongside the information, the CAWN provides advice on steps the parent or guardian can take to safeguard the child’s well-being and prevent unauthorised removal. This advice might include being cautious about travel plans and notifying relevant authorities if there are concerns.
• A CAWN is not a legally binding order or injunction. Instead, it is a warning and advisory document. It is intended to help parents or guardians be informed about the potential risks and take appropriate measures to protect the child.
• The police and other relevant organisations might also work with the recipient of the CAWN to provide ongoing support and guidance. They can help the parent or guardian understand their legal rights and responsibilities and offer assistance in taking protective measures.
• Child Abduction Warning Notices are issued under Section 47 of the Family Law Act 1986 and Section 2 of the Child Abduction Act 1984.

It’s important to note that a CAWN is not the same as a court order, such as a Prohibited Steps Order or a Child Arrangements Order, which are legally binding and can be enforced by the courts. If you have serious concerns about child abduction, obtaining a court order might be necessary. Our child abduction solicitors can help with this.